The U.S. Supreme Court ruled Monday that only a limited category of children of immigrants are eligible for visas when they “age out” and turn 21 while their applications are pending.
By a 5-4 vote, the court in Scialabba v. Cuellar de Osorio upheld a formula adopted by the Board of Immigration Appeals and supported by the Obama administration to restrict the number of aged-out minors who are able to keep their preferred place “in line” for visas based on how long they were waiting. Only those who would qualify for visas without new sponsors can keep that preferred status, the court ruled.
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